Barter, Mortgage and Real Estate Pledge
Creation, ranking and discharge of mortgages, transfer of encumbered property, distribution of a mortgage over several properties and its enforcement.
A mortgage (taşınmaz rehni, ipotek) is a limited real right over land that secures a debt. It is the most common form of security in home loans and commercial finance.
Acquiring property by exchange (barter), creating and releasing mortgages, enforcement by realising a mortgage and the disputes that arise along the way fall within this field.
Typical matters
- Creating, ranking and releasing mortgages
- Reviewing housing finance (mortgage) agreements
- Enforcement by realisation of a mortgage and objections
- Exchange (barter) contracts
Key legislation
- Turkish Civil Code No. 4721, Art. 850 ff. (charges on land)
- Law No. 5582 Amending Various Laws on the Housing Finance System
- Enforcement and Bankruptcy Law No. 2004
Training and congresses in this area
- 22 December 2022 – 24 December 2022 3rd Civil Law Congress Congress · Hukukeğitim
- 24 February 2021 Real Property Pledges and Mortgages (Diyarbakır Bar Training) Online course · Diyarbakır Barosu
Our publications in this field
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December 2025
Provisions and Consequences of Distributing an Existing Mortgage to Multiple Immovable Properties According to Article 889 of the Turkish Civil Code (TMK)
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10 May 2022
Evaluation of the Provisions and Consequences of Existing Mortgages on Real Estate Within the Framework of Construction Projects After the Transition to Floor Service Ownership - Floor Ownership from the Perspective of Consumer Law
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2018
The Attitude of Land Registry Offices in the Transfer of Mortgaged Real Estate and Criticism of the Exorbitantly Erroneous Decision of the Supreme Court
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March 1991
Analysis of the Legal Nature of Seizures Acquired by Annotation in Turkish Law and the Legal Consequences Related to This